The NAD has referred advertising claims made by Pursuit of Research for its NutriiVeda whey powder dietary supplement to the Federal Trade Commission for further review. NAD’s decision comes after the company failed to comply with the terms of a previous NAD decision.

The NAD has recommended that Vogue, International, Inc., modify product names for certain shampoos and conditioners to avoid conveying the message that one exotic ingredient of the product provides a particular benefit.

The NAD has recommended that Comcast Cable Communications, LLC, modify certain claims made in broadcast advertising to more accurately characterize information from the Federal Communications Commission (FCC) report “Measuring Broadband America.” NAD found that the advertiser could support claims that its Xfinity service “gives you the fastest, most reliable Internet.”

NAD has recommended that Silver Star Brands, Inc., discontinue all challenged claims for the company’s “Native Remedies A+ TestCalmer,” a product marketed as providing cognitive and emotional benefits for test takers. The company has said it will do so.

ERSP has determined that La Lumiere, LLC, can support performance claims for illuMask, a device intended to help treat acne. However, ERSP recommended that the marketer clarify its money-back guarantee claims.
ERSP is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus. The marketer’s advertising came to the attention of ERSP pursuant to its ongoing monitoring program.
ERSP reviewed broadcast and online advertising claims for illuMask, including:
• “Get clear and stay clear.”
• “Just …put on the mask and get clear.”
• “Get a clearer complexion and fewer breakouts with the illuMask Anti-Acne Light Therapy Mask.”
• “Bringing the Power of Light Therapy Home”
• “Safe, effective and effortless treatment for less than a dollar a day.”
• “Blue light energy kills the light sensitive P. acnes bacteria on and below the skin surface while the red light boosts your natural skin cell turnover and healing process to reduce swelling, inflammation, and redness.”
As support for the performance and establishment claims at issue, the marketer provided ERSP with testing on the product, evidence of its FDA 510(k) clearance, and information concerning the effectiveness of red and blue light therapy. Following its review of the evidence in the record, ERSP determined that the marketer supported its “Get Clear. Stay Clear” messages.
ERSP reviewed two short-form commercials in which money-back guarantee claims were made. In one version, the marketer clearly presented its 30-day, money-back guarantee while the other presented the guarantee as a 90-day guarantee appeared to be inconsistent with the specific terms of the 30-day, money-back offer provided on the website.
ERSP recommended that the marketer reconcile the use of the two different guarantees that are communicated in the broadcast advertising and include a disclosure that either provides the specific terms of the money-back offer or directs consumers to the illuMask website for the specific details.
The company, in its marketer’s statement, said, “La Lumiere appreciates ERSP's review and confirmation of the illuMask claims. ... La Lumiere is committed to improving people's lives by way of light therapy and making this technology affordable and accessible to consumers everywhere.”